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Case Laws
Showing 61 to 80 of 431 Records
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1998 (6) TMI 524 - HIGH COURT OF KERALA
Winding up - Suits stayed on winding-up order ... ... ... ... ..... tention that the official liquidator cannot recover any amount from the respondent by invoking the provisions of the Kerala Revenue Recovery Act and enforcing the same in Karnataka State against the respondent is also not sustainable since the State Governments are resorting to revenue recovery proceedings on reciprocal basis. Therefore, the official liquidator, Kerala is perfectly competent to invoke the provisions of the Revenue Recovery Act and realise the debt from the respondent in Karnataka State through the District Collector concerned. From the foregoing discussions it is clear that all the objections raised by the respondent in this case are not sustainable and the applicant-official liquidator is entitled to get the suit in O.S. No. 802 of 1997 and all proceedings in the suit now pending before the Munsiff s Court, Belgaum stayed under section 446(1) of the Companies Act. Hence this application is allowed and ad interim order of stay already passed is made absolute.
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1998 (6) TMI 523 - HIGH COURT OF RAJASTHAN
Prospectus – Registration of ... ... ... ... ..... counsel for the petitioners. In my considered opinion, on the material present at the stage before the commencement of the trial there is no reasonable basis to take the view that the complaint should be quashed without going to trial for the alleged offences. Resultantly the miscellaneous petition stands dismissed. However, in the facts and circumstances of the case, the learned trial court is expected not to insist upon the personal appearance of the petitioners and if any application seeking exemption of the petitioners from the personal appearance, is filed, the same shall be allowed and the petitioners shall be permitted to appear through their counsel. Record of the case be sent back forthwith. Parties are directed to appear before the trial court through their counsel on July 8, 1998, for seeking further instructions. The learned trial court is also expected to adjudicate upon the case expeditiously preferably within three months from the date of receipt of this order.
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1998 (6) TMI 514 - CEGAT, MUMBAI
Export - Misdeclaration of description and value of goods ... ... ... ... ..... ed is not comparatively high looking to the value of the declaration made by the appellant. But one thing favourable to the appellant is that they have a very huge turnover, and manufacturing millions of cassettes for domestic and export market, and their export approximately is to the extent of 1.5 crores per annum, and they get advance payment for the same. There was no infraction of law by them which has come to the notice of the department in the past. Handling of number of cassettes is large. So under these circumstances, I feel the appellant deserves some leniency at this stage. The contention of the appellant is upheld and the following order is passed. ORDER For the reasons indicated above, the appeal is allowed in part, and the impugned order is modified by reducing the, redemption fine from Rs. 1,00,000/- to Rs. 50,000/- and penalty from Rs. 1,00,000/- to Rs. 50,000/- on the appellant with the consequential relief. The impugned order is confirmed regarding the rest.
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1998 (6) TMI 504 - CEGAT, NEW DELHI
Printing machinery ... ... ... ... ..... t as defined in Rule 57A. It was also submitted by them that issue involved in this case has been covered by the decision of the Tribunal in the case of Tata Engineering and Locomotive Company Co. Ltd. v. CCE., Pune - 1994 (70) E.L.T. 75. 5. emsp On going through the written submissions, Shri Nunthuk, learned DR submits that the department has not accepted the decision of the Tribunal in the case of Tata Engineering and Locomotive Co. Ltd., referred to above and the matter is pending before the Supreme Court by way of S.L.P. 6. emsp On a careful consideration of the submissions and on perusal of the record, we find that the issue involved in this case has been covered by the ratio of the decision of the Tribunal in the case of Tata Engineering and Locomotive Company Ltd., referred to above. Since the issue has already been considered and covered, following the same, we accept the contention of the party and accordingly, the appeal is allowed with consequential relief, if any.
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1998 (6) TMI 503 - CEGAT, MUMBAI
... ...
... ... ..... interests would be calculated and that by application of Rule 5 of the Valuation Rules duty is payable on such interest. Permitting adjudication on an entirely different ground i.e. that the fact of advance may have a nexus with the hire capacity would amount to issue of fresh notice. We, therefore, do not accept this prayer. 4. emsp In the two decisions cited by the departmental representative, the matter was sent back for different reasons on different parties. In FGP Ltd. v. CCE - 1998 (75) E.L.T. 89, the Tribunal noted that there were aspects which are that the memorandum of appeal itself appear that in many cases prices charged to customers were higher than in cases where advances taken. In Laxmi Machine Works v. CCE - 1995 (74) ECR 26, the Tribunal has set out various reasons for remanding the matter including that reasoned finding had not been given with regard to same issue and issues on fact has not been considered. 6. emsp Appeals allowed. Impugned order set aside.
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1998 (6) TMI 491 - HIGH COURT OF MADRAS
Suspension of legal proceedings, contracts etc. ... ... ... ... ..... not think that the petitioner will be entitled to seek remedy as now sought for. Apart from the same, none of the employees who also happen to be shareholders of the society have also authorised the petitioner to initiate these proceedings. The petitioner cannot claim to be a representative of the other employees to initiate these proceedings. The contention regarding locus standi of the petitioner to file the writ petition is also to be upheld. 12. The learned counsel for the fourth respondent also brought to my notice the decision in Gram Panchyatv. Shree Vallabh Glass Works Ltd. 1991 71 Comp. Cas. 169 (SC) wherein their Lordships have said that if an inquiry under section 16 is ordered, there will be an automatic suspension of all proceedings against the company s properties. I feel that the said decision is also helpful to the fourth respondent in this case. 13. Consequently, the writ petition is dismissed. No costs. W.M.P. No. 3591 of 1998 is also dismissed consequently.
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1998 (6) TMI 490 - HIGH COURT OF ANDHRA PRADESH
Power to summon persons to give evidence and produce documents ... ... ... ... ..... nce. Therefore, in the light of the foregoing discussion and in the light of the ratio laid down by the Supreme Court in Haroom Haji Abdulla s case, AIR 1968 SC 832 , I hold that the statement made in answer to the notice issued under section 40 of the Act is not a confession recorded by the Magistrate and hence, the question of giving warning or caution as envisaged under section 164(2) of the Criminal Procedure Code does not arise. Therefore, the finding of the lower court that the statements under exhibits P-2 to P-5 are inadmissible in evidence as no caution was administered before recording the said statements is unsustainable in law and liable to be set aside. In the result, the appeal is allowed and the judgment of the trial court is set aside and the matter is remanded to the lower court to consider the statements under exhibits P-2 to P-5 keeping in view the contention of the respondent/accused and dispose of the matter afresh in accordance with law at an early date.
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1998 (6) TMI 489 - HIGH COURT OF GAUHATI
Company Law Board - Appeals against orders of ... ... ... ... ..... No appeal lies against mere finding of fact for the reason that the statute does not provide for such appeal. Where the Legislature has defined the limits on the right, such perimeter or bounds cannot be enlarged by a court of law. All errors thus are not reviewable on appeal. 7. The mere fact that the High Court would have come to a different conclusion on the facts and circumstances of the case, does not make the matter appealable Gappulal v. Thakurji Shriji Dwarkadheeshji AIR 1969 SC 1291 Mattulal v. Radhe Lal AIR 1974 SC 1596. 8. On an overall consideration of the matter in its entirety and for the reasons as stated above, the appeal is dismissed. It will, however, be open to the appellants to move the CLB seeking for any directions or orders for the protection of their interests as and when occasion arises and the CLB will be free to pass such orders or directions as per law. 9. The appeal thus stands disposed of. There shall be no order as to costs. SCL q APRIL 5, 1999
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1998 (6) TMI 475 - HIGH COURT OF KERALA
Winding up - Suit stayed on winding up order ... ... ... ... ..... s got overriding effect over the previous statute though contained the special provisions. Therefore, the contentions raised by the applicant against the finding of the learned single Judge of this Court in the above decision in K.P. Devassy rsquo s case (supra) are absolutely unsustainable and I am in respectful agreement with the observations made by the learned single Judge in the above judgment regarding this aspect. Hence the contention of the applicant that section 138 of the Negotiable Instruments Act has no overriding effect against section 446 Act is also not sustainable. 16. It is clear from my foregoing discussions that the contention of the applicant that the proceedings initiated against the applicant and the company under liquidation before the Addl. Chief Judicial Magistrate rsquo s Court under section 138 of the Negotiable Instruments Act are liable to be stayed under section 446, is not sustainable. Hence this application is dismissed. SCL q NOVEMBER 20, 1998
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1998 (6) TMI 474 - HIGH COURT OF BOMBAY
Writ petition ... ... ... ... ..... and proper. (i)The Deputy Commissioner of Police shall also investigate into the alleged involvement of the field-staff and other persons connected with the third Respondent Company, including the concerned Peti-tioner. The Deputy Commissioner of Police is directed to take all necessary and proper steps to ensure the due fulfilment of these directions, including the attachment of property of companies, concerns and persons to whom the funds, estate or property of the third respondent have been diverted or siphoned off illegally. (j)The directors of the respondent No. 1 Company are directed to co-operate in the aforesaid inquiry (k )The Deputy Commissioner of Police inquiring into the matter would only attach the property and will not dispossess the persons in possession, after preparing the necessary Panchnama. (l) The Deputy Commissioner of Police to submit his interim report with duplicate copy thereof on or before 20th July, 1998 under a sealed cover. SCL q AUGUST 5, 1998
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1998 (6) TMI 472 - HIGH COURT OF BOMBAY
Collective investment scheme -Certificate of registration ... ... ... ... ..... find out the assets of the Directors of the company and whether any amount of the company is siphoned off to any sister concerns or in the name of relatives of the Directors (h)The Deputy Commissioner of Police, with the assistance of the Auditors, prepare an inventory of the properties belonging to respon-dent Nos. 2 to 5 and 7 and attach them. This is, for the time being, to find out whether the properties belonging to 1st respondent company are siphoned off by the Directors by defrauding the investors (i)The Directors of respondent No. 1 Company are directed to co- operate in the aforesaid inquiry (j)The Deputy Commissioner of Police inquiring the matter would only attach the property and not to dispossess the persons in possession, after preparing the necessary Panchanama (k)The Deputy Commissioner of Police to submit his interim report on or before 30-6-1998 under a sealed cover. 11. Liberty to apply in case of difficulty. 12. Stand over to 2-7-1998. SCL q AUGUST 5, 1998
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1998 (6) TMI 471 - HIGH COURT OF BOMBAY
Collective Investment Scheme ... ... ... ... ..... ties, both movable and immovable, belonging to Respon-dents No. 3 to 8 and 15 be attached forthwith. (i)The Directors of Respondent Companies are directed to co-operate in the aforesaid inquiry and/or attachment of the properties. (j)Respondent No. 13 is directed to write to all scheduled and commer-cial banks intimating the present order and not to permit Respon- dents No. 1 to 8 or the group companies of Respondents No. 1 and 2 to operate their respective bank accounts. (k)The Directors of Respondent Companies are directed to co-operate in the aforesaid inquiry and/or attachment of the properties. (l)The Deputy Commissioner of Police inquiring the matter would only attach the property and not to dispossess the persons in possession, after preparing the necessary panchnama. (m)The Deputy Commissioner of Police to submit his interim report on or before 30-6-1998 under a sealed cover. 20. Liberty to apply in case of difficulty. 21. Stand over to 2-7-1998. SC L q AUGUST 5, 1998
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1998 (6) TMI 469 - HIGH COURT OF ANDHRA PRADESH
Winding up – Suits stayed on winding-up order ... ... ... ... ..... he foregoing discussion, I think that the prosecutions under section 138 of the Negotiable Instruments Act, 1881, are not covered by section 446(1) of the Companies Act, 1956. In fact the Kerala High Court in K.P. Devassy v. Official Liquidator 1997 90 Comp Cas 438 has gone a step ahead by observing that the provisions of the Act will prevail over the provisions under the Companies Act. Looked at from any angle, I am of the view that for prosecuting pending criminal proceedings under section 138 of the Negotiable Instruments Act against a company, no leave is required to be obtained from the company court for prosecuting the said case.. As far as the directors are concerned, section 446 of the Companies Act has no application even by stretching the provisions because the provision is only meant for prosecution against companies and not against the directors. In view of this position of law, no leave as sought is necessary. The company applications are accordingly disposed of.
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1998 (6) TMI 467 - HIGH COURT OF PUNJAB AND HARYANA
Winding up – Company when deemed unable to pay its debts ... ... ... ... ..... y. These petitions were also listed for hearing on the same dates and as such possibility of the respondent-company to clear its debt in future seems to be very uncertain. However, I am not proceeding to discuss the merits of these two petitions in view of the order being passed in the present petition. Inability to pay debt coupled with a defence which lacks bona fides would have to result in admission of the petition for winding up. Consequently, while rejecting the contention raised on behalf of the respondent-company that proceedings in this company petition are liable to be suspended in view of the letter dated May 26, 1998, I direct the admission of C.P. No. 196 of 1997. Let notice of admission of this petition be published in the Tribune, Indian Express, Jansatta and Haryana Gazette in accordance with rules. Clear 14 days notice prior to the next date of hearing shall be given in the publication. List this matter for further proceedings and directions on July 24, 1998.
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1998 (6) TMI 448 - CEGAT, NEW DELHI
Appeal allowed ... ... ... ... ..... on the Madras High Court judgment in the case of Deccan Sugar and Abkhari Co. Ltd., Madras v. Union of India and Others - 1986 (26) E.L.T. 209 (Mad.) holding that bagasse arising during the course of manufacture of sugar from sugar cane was excisable goods. 3. emsp The present appeal is in respect of those items of the classification list which the Appellate Collector had held were excisable goods. These are scrap cut pieces of fan and vee belts, scrap fabric including scrap cut pieces of belting, scrap rubberised nylon and rayon fabric, scrapped bead rings, scrap rubberised compound etc. Since the Delhi High Court rsquo s judgment in the case of Modi Rubber Industries Ltd. (supra) is more to the point, we see no reason to depart from the decision of this Tribunal on like goods to which decision the appellants have drawn our attention. Following the previous decision, we set aside the impugned order in respect of the goods in issue with consequential relief to the appellants.
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1998 (6) TMI 440 - CEGAT, MUMBAI
Manufacture ... ... ... ... ..... 0.52 lakhs approximately and he also imposed a penalty of Rs. 20 lakhs under Rule 173Q of the Central Excise Rules. 2. emsp When the application was taken up for hearing, with the consent of both parties, we have taken up the appeal itself for disposal after waiving pre-deposit. 3. emsp The question involved in this appeal is whether emptying of drums by the appellant will amount to manufacture. This question is not res integra. It has been decided by this Tribunal WRB in the case of Castrol India Ltd. v. C.C.E. - 1998 (99) E.L.T. 234 that emptying of drums/barrels of its contents would not amount to manufacture. The Tribunal while deciding the issue took note of decisions of the Tribunal in other cases inter alia West Coast Industrial Gases Ltd. v. Collector - 1996 (83) E.L.T. 358. 4. emsp We, following the judgment of the Tribunal in Castrol India Ltd. v. C.C.E. (supra), set aside the impugned order and allow the appeal. Both appeal as well as stay petition are disposed of.
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1998 (6) TMI 431 - CEGAT, NEW DELHI
SSI Exemption - Brand name ... ... ... ... ..... ady affixed thereon. The affixing of the brand name has not taken place at the hands of the appellants. Following the ratio of the Tribunal rsquo s decision in the case of Trimurti Weldmesh Pvt. Ltd., the appeal against which has been dismissed by the Supreme Court as referred to above, we hold that the mischief of paragraph 7 of Notification No. 175/86 is not attracted. Not only this decision in Trimurti Weldmesh case but the decision in the case of Model Soap Co. is also in favour of the appellants as admittedly the impugned product has not been sold by their customers namely, M/s. SITL as these were used in the manufacture of push button telephones as a Notification is attracted only when it indicates a connection in the course of trade there is no trade in the present case and following the decision in the case of Model Soap, the benefit of Notification No. 175/86 is applicable to the appellants. In the light of these facts and circumstances, both the appeals are allowed.
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1998 (6) TMI 422 - CEGAT, NEW DELHI
Clandestine removal - Evidence ... ... ... ... ..... on the other hand we have the admission of mere possibility. The state of evidence does not establish clandestine removal. In the cited judgment in the case of Leather Chemicals and Industries Ltd., Calcutta v. Collector of Central Excise, Calcutta, reported in 1984 (15) E.L.T. 451 (Tribunal) the change of clandestine removal without proof or evidence was held to be arbitrary. In the cited case of Global Enterprises v. Collector of Central Excise, Chandigarh, 1987 (32) E.L.T. 430 (Tribunal) also the Tribunal gave relief on possible wastage. Even assuming that the shortage was real it is to be held that in the absence of direct admission made by the authorised signatory, the lower authorities erred in holding that the allegation of clandestine production and removal sustained. Applying the ratio of the cited judgments, it has to be held that the orders cannot sustain. The appeal is allowed. The impugned order is set aside. Appropriate relief to the extent warranted is ordered.
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1998 (6) TMI 421 - CEGAT, MUMBAI
'Stem’ coming into existence during manufacture of GLS lamps ... ... ... ... ..... next date. In view of the facts admitted in the counter-affidavit and the submissions made by the learned Counsel for the petitioner, we are of the view that the charge of suppression in the present case is without any force. In the present case the item ldquo stem rdquo which are used by the petitioner in manufacturing electric bulbs not exceeding 60 watts are not subject to levy of excise duty in terms of the Notification No. 67/83-CE, dated 1st March, 1983 read with Rule 49(4) of the Excise Rules. The impugned show cause notices issued by the respondents are, therefore, without jurisdiction rdquo . The High Court has held that Show Cause Notices issued were without jurisdiction. Therefore the High Court judgment supports the contention of the present appellants that the stems are not subject to levy of excise duty. Applying the ratio of the Delhi High Court judgment to the facts of the present case which are similar, impugned order is set aside and the appeals are allowed.
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1998 (6) TMI 407 - CEGAT, NEW DELHI
Modvat - Duty paying documents ... ... ... ... ..... of M/s. Durga Steel Private Limited. I have perused this judgment. I find that this judgment is clearly distinguishable inasmuch as there were serious discrepancies in the particulars furnished in the invoices issued by the Registered Dealers. l have also perused the case law cited by the Respondents herein. I am aware that a consistent view of the Tribunal has been that instead of being hypertechnical in procedural matters, the substantial benefit of taking Modvat credit should not be denied. 7. emsp Having regard to the consistent view of the Tribunal on the subject and having regard to the fact that printing of lsquo original rsquo , lsquo duplicate rsquo , lsquo triplicate rsquo etc. was only a procedural requirement I agree with the finding contained in the case law cited by the Respondents herein and hold that Modvat credit has rightly been held admissible by the Commissioner (Appeals). In this view of the matter, the impugned order is upheld and the Appeal is rejected.
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